ORDER SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT COURT, LARKANA

Criminal Jail Appeal No.S-44 of 2023

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on M.A.No.4082/2024 (U/A).

2. For orders on M.A.No.4101/2024 (Appln.U/s.426  Cr.PC)

3. For the hearing of the main case.

12.07.2024.

Mr. Muhammad Afzal Jagirani, Advocate for the appellant.

Mr. Shewak Rathore, D.P.G for the State.

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1.         Urgency granted.

2.         On completion of the trial, the appellant was convicted to various terms of imprisonment spreading over five years inclusive fine/daman/ 1/3^rd of diyat. All the sentences were directed to run concurrently, with the benefit of Section 382-B Cr.PC, by learned 3^rd Additional Sessions Judge, Shikarpur, vide judgment dated 07.12.2023, which the appellant has impugned before this Court by preferring the instant criminal jail appeal, in the meanwhile, has sought his release on bail pending disposal of his appeal by suspending the operation of the impugned sentence.

            It is contended by learned counsel for the appellant that the appellant has already completed the substantial sentence and now is in jail for want of payment of fine/daman/ 1/3^rd  of diyat, which he could not pay being poor while being in jail. By contending so, he sought the release of the appellant on bail by suspending the operation of the impugned sentence.

            Learned D.P.G for the State after waiving the notice of the listed application has recorded no objection to the release of the appellant on bail pending disposal of his appeal.

            Heard arguments and perused the record.

            As per jail roll, the appellant inclusive of the remission has already undergone the substantial sentence and now is in jail for want of payment of fine/daman/ 1/ 3^rd of diyat, which as per his counsel he is not in a position to pay being poor while in jail. Of course, the hearing of his appeal is likely to take time on account of heavy pendency; consequently, while relying upon the case of Makhdoom Javed Hashmi Vs. The State [2007 SCMR 1844], the operation of the sentence awarded to the appellant is suspended; he is directed to be released on bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

            The listed application (M.A.No.4101/2024) is disposed of accordingly.   The main appeal be fixed for its hearing after four weeks.

JUDGE